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such incapable person, or, if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall, for the purposes of this Act, be as effectual as if done by the person for whom be is substituted.
126.-(1.) After the commencement of this Act a person sha: not be entitled to describe himself as a patent agent, whether by advertisement, by description on his place of business, by any document issued by him, or otherwise, unless he is registered as a patent agent in pursuance of this Act.
(2.) The Governor in Council shall, as soon as may be after the passing of this Act, and may from time to time make such general regulations under the next following section for giving effect to this section.
(3.) If any person knowingly describes himself as a patent ageut in contravention of this section, he shall be liable on summary conviction to a penalty not exceeding 201.
(4.) In this section“ patent agent” means exclusively an agen: for obtaining patents in the Colony.
127.-(1.) The Governor in Council may from time to time make such general regulations and do such things as he may think espedient, subject to the provisions of this Act,
(a.) For regulating the practice of registration under this Act:
(6.) For classifying goods for the purpose of designs and trademarks:
(c.) For making or requiring duplicates of specifications, amendments, drawings, and other documents :
(d.) For securing and regulating the publishing and selling of copies of specifications, drawings, amendments, and other documents :
(e.) For securing and regulating the publishing and selling of indexes to, and abridgments of, specifications and other documents in the Patent Office; and providing for the inspection of indexes, and abridgments, and other documents :
(f.) For regulating the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions at home and abroad :
(9.) For regulating the registration of patent agents, and the terms and conditions of such registration ;
(h.) Generally for regulating the business of the Patent Office,
and all things by this Act placed under the direction or control of the Registrar.
(2.) Any of the forms in the First Schedule to this Act may be altered or amended by regulations made as aforesaid.
(3.) General regulations may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall, subject as hereinafter mentioned, be of the same effect as if they were contained in this Act, and shall be judicially noticed.
(4.) Any regulations made in pursuance of this section shall be gazetted, and forthwith be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next session of Parliament.
(5.) If either House of Parliament, within the next forty days after any regulations have been so laid before such House, resolve that such regulations or any of them ought to be annulled, the same shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or regulation, or to the making of any new regulations or regulation.
128. The Registrar shall, in every year, cause a report respecting the execution by or under him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each report relates all general regulations made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act.
Offences. 129.-(1.) Any person who represents that any article sold by bim is a patented article when no patent has been granted for the saue in New Zealand, or describes any design or trade mark applied to any article sold by him as registered which is not so, is liable for every offence, on summary conviction, to a penalty not exceeding 501.
(2.) A person shall be deemed, for the purposes of this enactment, to represent that an article is patented, or a design or a trademark is registered, if he sells the article with the word "patent," patented," " registered,” or any word or words or letters expressing or implying that a patent or registration has been obtained for the article stamped, engraved, or impressed on, or otherwise applied to
130. Any person who falsely represents that any goods are made by a person holding a Royal warrant, or for the service of Her Majesty, or any of the Royal Family, or the Governor of the Colony,
or any department of Her Majesty's service in the United Kingdom or New Zealand, is liable on summary conviction, to a penalty not exceeding 201.
131. Any penalty under this Act may be recovered in a summary way before any two or more Justices of the Peace, or a Resident Magistrate acting under " The Justices of the Peace Act, 1882," and any information in respect of any matter arising under this Act may be laid within six months from the time when such matters came to the knowledge of the informant.
Repeal ; Transitional Provisions ; Savings.
132. The enactments described in the Third Schedule to this Act are hereby repealed : But this repeal of enactments shall not
(a.) Affect the past operation of any of those enactments, or any patent or copyright or right to use a trade-mark granted or acquired, subject, however, to renewal of such right under this Act, or any application pending, or appointment made, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act: or
(6.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof; and any such proceeding may be carried on as if this Act had not been passed; or
(c.) Take away or abridge any protection or benefit in relation to any such action or proceeding.
133.-(1.) The Register of Patents kept under any enactment repealed by this Act shall be deemed part of the same book as the Register of Patents kept under this Act.
(2.) The Register of Trade-marks kept under any enactment repealed by this Act shall be deemed part of the same book as the Register of Trade-marks kept under this Act.
134. Nothing in this Act shall take away, abridge, or prejudicially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof.
Form of Application for Patent. I [here insert name, address, and calling of person making declaration] declare that [4. B., of
, and] I am (or are] in possession of an invention for ("improvements in sewing machines”]; that I (or the said A. B.] am (or is] the true and first inventor thereof; and that the same is not in use by any other person or persons to the best of my knowledge and belief ; and I humbly pray that a patent may be granted to me (or us] for the said invention, as described in the specification herewith.
(Signature of inventor.) Witness to signature :
Form of Provisional Specification. 1 [here insert name, address, and calling of inventor] do hereby declare the mature of my invention for ("improvements in sewing machines ”] to be as follows: [Here insert short description of invention.]
(Signature of inventor.) Dated this day of
Form of Complete Specification,
[Here insert title, as in declaration.] I [here insert name, address, and calling of inventor] do hereby declare the nature of my invention for [“ improvements in sewing machines "], and in what manner the same is to be performed, to be particularly described and ascertained in sad by the following statement :
[Here insert full description of invention.] Having now particularly described and ascertained the nature of my said invention, and in what manner the same is to be performed, I declare that what 1 claim is (here state distinctly the features of novelty claimed].
(Signature of inventor.) Dated this day of
Receipt for Specification. RECEIVED from A. B., for transmission to the Registrar of Patents, Designs, and Trade-Marks, specification for an invention for [insert the title], at the hour of [insert the time], on this day of
18 . Local Patent Office,
0. A., Patent Office Agent.
Form of Patent. Victoria, by the grace of God, of the United Kingdom of Great Britain and
Ireland Queen, Defender of the Faith, to all to whom these presents shall come, greeting :
WHEREAS [here insert name, address, and calling of inventor, as in declaration] hath represented unto us that he is in possession of an invention for [here insert title of invention, as in declaration), that he is the true and first inventor thereof, and that the same is not in use by any other person, to the best of his knowledge and belief: And whereas the said inventor hath represented that he is desirous of obtaining Letters Patent for securing unto him our special licence for an invention for [the said invention]; and by an instrument in writing under his hand, deposited in the Patent Office under the provisions of “The Patents, Designs, and Trade-Marks Act, 1889," the patentee hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed: Now, therefore, know ye that we have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the patentee our special licence and authority that the patentee, by himself or his servants or agents, or such others as he shall at any time agree with during the term herein expressed, shall and lawfully may make, use, and vend his said invention within our Colony of New Zealand and its dependencies, in such manner as to him shall seem meet: To have, hold, and enjoy the said licence, privilege, and advantage unto and by the patentee for and during the term of fourteen years now next ensuing; and that he shall and lawfully may have and enjoy the whole profit, benefit, and advantage from time to time coming, accruing, and arising by reason of the said invention during the said term : Subject, however, in all things to the provisions of “The Patents Designs, and Trade Marks Act, 1889," and to the conditions and restrictions thereby imposed (and inserted therein, if any):
Provided that these our Letters Patent are on this condition, that if at any time during the said term it shall appear that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof within our said Colony and its dependencies, or that the said patentee is not the first and true inventor thereof within our said Colony as aforesaid, these our Letters Patent shall forthwith determine and be void to all intents and purposes, notwithstanding anything hereinbefore contained : Provided also that if the said patentee shall not pay all fees by law required to be paid in respect of the grant of these Letters Patent or in respect of any matter relating thereto at the time or times and in the manner for the time being provided by law; and also if the said patentee shall not supply or cause to be supplied for our service all such articles of the said invention as may be required by the officers or